Oregon Administrative Code

738-125-0045 Project Selection and Fund Allocation (1) The Department shall consider the following factors in its review of all eligible projects: (a) Funds budgeted for the FAM Grant Program; (b) Demand for program assistance by applicants; and (c) Total available funds compared…

738-125-0050 Grant Agreements (1) The Department shall enter into a Grant Agreement with municipality selected to receive a FAM grant prior to distributing program funds. (2) FAM Grant Agreements shall include the following elements: (a) General terms of agreement, including but …

738-125-0055 Waivers and Exceptions The Board may, in its discretion and/or upon the recommendation of the Department, waive any provision of this rule upon a finding that there is an imminent and likely loss of a facility, or of funds available to a facility, or that a condition…

738-130-0005 Purpose The purpose of this division is to establish the procedures used by the Department of Aviation to implement the provisions of its State Agency Coordination Program which assure that Department land use programs are carried out in compliance with the statewide…

738-130-0015 Definitions For the purposes of OAR 738-130-0005 through 738-130-0135 the following definitions apply: (1) “Affected City or County” means a city or county that has comprehensive planning authority over a site or area which is directly impacted by a proposed Board or…

738-130-0025 Applicability The provisions of OAR 738-130-0005 through 738-130-0135 apply to the following programs and activities: (1) Adoption of the Transportation Policy Plan. (2) Adoption of Oregon Aviation Plan. (3) Adoption of transportation facility plans. (4) Adoption of …

738-130-0035 Activities Which Significantly Affect Land Use The following activities undertaken by the Department significantly affect land use: (1) Adopting Airport Master Plans which significantly affect the objectives of the Transportation Goal (Goal 12). (2) Enlarging an exis…

738-130-0045 Coordination Procedures for Adopting Final Oregon Aviation Plan (1) Except in the case of minor amendments, the Department shall involve DLCD, metropolitan planning organizations, and interested cities, counties, state and federal agencies, special districts and othe…

738-130-0055 Coordination Procedures for Adopting Final Master Plans (1) Except in the case of minor amendments, the Department shall involve DLCD and affected metropolitan planning organizations, cities, counties, state and federal agencies, special districts and other intereste…

738-130-0065 Coordination Procedures for Adopting Plans for Class 1 and 3 Projects (1) The Department shall involve affected cities, counties, metropolitan planning organizations, state and federal agencies, special districts and other interested parties in the development of pro…

738-130-0075 Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use The procedures in this section shall be followed when the Department determines that a Class 2 project would significantly affect land use in accordance with O…

738-130-0085 Coordination Procedures for Operations, Maintenance and Modernization Activities The procedures in this rule shall be followed when the Department determines that an operations, maintenance or modernization activity would significantly affect land use in accordance w…

738-130-0095 Coordination Procedures for the Disposal of Airport Land (1) The Department shall notify potential buyers of their responsibility to establish compliance and compatibility. (2) The Department shall obtain a written statement from a planning official of the affected c…

738-130-0105 Permit Program Procedures (1) The Department shall notify applicants for permits or licenses or renewals of permits or licenses listed in OAR 738-130-0025 of their responsibility to demonstrate compliance and compatibility. (2) The Department shall not issue a permit…

738-130-0115 Referral of Compatibility Disputes to the Land Conservation and Development Commission If a compatibility conflict persists after pursuing the compatibility procedures listed in OAR 738-130-0045 through 738-130-0115, the Department shall request that the Land Conserv…

738-130-0125 Statewide Goal Compliance and Acknowledged Plan Compatibility for New or Amended Rules and Programs Significantly Affecting Land Use (1) The Board and Department shall follow the procedures in OAR 660-030-0075 to assure that new or amended rules and programs comply w…

738-140-0005 Scope and Purpose (1) These rules are designed by the Oregon Department of Aviation to establish procedures and requirements for the administration and enforcement of civil penalties. These rules are intended to explain the authority granted to the Director of the De…

738-140-0010 Definitions For purposes of 738-140-0005 through 738-140-0050, the following definitions apply: (1) “Aircraft” is a device that is used or intended to be used for flight in the air. (2) “Class A Violation” is an action or non-action in breach of a statute or rule tha…

738-140-0015 Civil Penalty Policy Upon a determination that a violation has occurred, the Director or Director’s delegate may impose a civil penalty against the party responsible for the violation. The Director or Director’s delegate may waive or adjust any civil penalty as provi…

738-140-0020 Violations for Which a Civil Penalty May be Imposed The Department may impose a civil penalty for violations of any of the following statutes, administrative rules, or orders: (1) Intentional violation of any provision of ORS 837.020 or 837.025 concerning registratio…

738-140-0025 Intentional Violation of Public Body Registration of Unmanned Aircraft Systems Requirement Violation of any provision of ORS 837.360 concerning public body registration of unmanned aircraft systems may incur a civil penalty of an amount computed using the formula des…

738-140-0030 Formula to Determine Amount of Civil penalty for Violations of Chapter 837 [Table not included. See ED. NOTE.] [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Oth…

738-140-0035 Notice of Violation (1) The agency’s notice of violation issued pursuant to ORS 183.415 shall include: (a) A caption with the name of the agency and the name of the person or agency to whom the notice is issued; (b) A short and plain statement of the matters asserted…

738-140-0040 Rights of Parties and Opportunity for Hearing (1) In addition to the information required to be given in writing under ORS 183.413(2) and 183.415(2) and (3), before commencement of a hearing, the agency shall inform a party, if the party is an agency, corporation, or…

740-010-0010 Agency Representation at Contested Case Hearings (1) The Attorney General has given written consent as required by ORS 183.452 for an officer or employee of the Department of Transportation to appear on behalf of the agency in the following types of contested case he…

740-010-0020 Emergency Suspension of Statutes — Delegation The Director of the Oregon Department of Transportation authorizes the following line of succession to temporarily suspend operation of statutes involving motor carriers as described in ORS 823.012 in the event the Direct…

740-015-0010 Purpose Chapter 740, division 15 rules are adopted by CCD to: (1) Specify the procedures and requirements under which a motor carrier may, by electronic means, conduct business with CCD; and (2) Promote the development and use of electronic transactions between CCD a…

740-015-0020 Definitions For purposes of OAR chapter 740, division 15, the following definitions apply: (1) “Agent” means a person or organization appointed or assigned by a Power of Attorney to conduct all business on behalf of a motor carrier. (2) "Authorized system" means any …

740-015-0030 General Provisions An electronic transaction conducted between CCD and a motor carrier or Agent, including but not limited to the submission of documents or information to CCD: (1) Is made at the sole discretion of the motor carrier or Agent submitting the informatio…

740-015-0050 Certifications Pursuant to ORS 802.012(2), if a motor carrier submits information to CCD via an authorized system to comply with statute or rule, the submission shall: (1) Constitute a certification, including but not limited to a certification as to the truth and ac…

740-015-0060 Date and Time Information is Considered Submitted; Received (1) An electronic record submitted to CCD via an authorized system shall be deemed received by CCD on the date and time that the record is received by the system's Web server. (2) An electronic record must b…

740-015-0070 Signature For any transaction that is required under Oregon law to be in writing and have a signature, an electronic signature shall have the same legal force and effect as if the person or organization had submitted the transaction in hardcopy with a handwritten sig…

740-015-0080 Payment of Fees; Use of Credit Cards; Debit Cards (1) If an electronic transaction requires the payment of taxes or fees to CCD, payment of those taxes or fees within the electronic transaction shall be: (a) Payment by credit card or debit card approved by CCD as des…

740-015-0090 Electronic Records CCD records pertaining to electronic transactions conducted via an authorized system site are subject to all requirements for processing and records maintenance as described in OAR 740, division 55. Statutory/Other Authority: ORS 184.619 & 802.012 …

740-015-0110 Rental Agencies Rental agencies that conduct electronic transactions with CCD pursuant to a written agreement must comply with the provisions of division 15 rules. Statutory/Other Authority: ORS 184.619 & 802.012 Statutes/Other Implemented: ORS 802.012 History: MCTD …

740-020-0010 Scope Defined (1) ORS 823.007(1) requires each employee of the department who performs a function concerning the economic regulation of motor carriers to file with the department an employee statement of pecuniary interests in motor carriers. Division 20 rules establ…

740-020-0020 Employee Disciplinary Action — Failure to File a Statement Regarding Pecuniary Interest (1) The department may take disciplinary action that may include dismissal of a department employee who performs one or more of the functions described in OAR 740-020-0010(2) if t…

740-030-0010 Applicability, References and Terminology (1) No rule listed in Divisions 30 through 60 and 105 through 115 is intended to expand the authority granted in existing certificates. (2) When grants of operating territory are expressed in terms of miles for for-hire carri…

740-030-0020 Communications, Business Names and Carrier Address (1) All carriers must immediately report any change in principal business address, legal status or business name to the Department. (2) Except as authorized by the Department under OAR 740-045-0150, all motor carrier…

740-030-0030 Special Operations (1) “Special Operations” is an irregular route service for transportation of passengers to special events or for special purposes where tickets are sold on an individual basis at various points in route. (2) “Special Event” or “for special purposes…

740-030-0045 Annual Report for Operations Exempt Under ORS 825.017 (1) Any owner or operator of a motor vehicle exempt from the provisions of ORS Chapter 825 by 825.017 must file an annual report form number 735-9948. The annual report will cover operations for the prior calendar…

740-035-0005 Definitions For purposes of OAR chapter 740, the following definitions apply: (1) To “Advertise” means utilizing any form of media including broadcasting, publishing, or the internet to promote the transportation of household goods. (2) A motor carrier is “domiciled”…

740-035-0010 Applications for Authority or Change of Authority (1) All applications for a certificate or permit or for the extension, contraction, abandonment or other change in operating authority or for adding vehicles to certificate or permit must be made on forms approved by …

740-035-0015 Application for Motor Carrier Account (1) A motor carrier operating under a temporary account may be required to apply and be approved for an established account, if any one vehicle in the fleet exceeds 10 temporary passes or if the entire account exceeds 35 temporar…

740-035-0020 Applicants for Certificates or Permits — Capacity — Status (1) All individual and partner applicants for for-hire carrier operating authority must have reached the age of majority as it is then defined by Oregon law. (2) If the applicant is other than an individual o…

740-035-0030 Misclassification of Application — Effort (1) If upon investigation it appears that an applicant proposes to operate in a class different from that applied for, applicant will be required to amend his application accordingly before the matter will be assigned for hea…

740-035-0040 Effect of Pending Investigation or Litigation on Applications for Authority Unless the Department otherwise orders, no application for certificate or permit, for extension, transfer or modification thereof will be processed if: (1) The applicant, certificate or permi…

740-035-0050 Holding Out as For-Hire Carrier No person shall hold himself or herself out to the public as willing to transport persons or property for hire by motor vehicle without holding operating authority from the Department. Statutory/Other Authority: ORS 823.011 Statutes/Ot…

740-035-0100 Issuance of Certificate or Permit — Start of Operations (1) A copy of all certificates or permits will be retained by the Department and the original supplied the carrier. Such original must be retained by the carrier and be made available for inspection by authorize…

740-035-0110 Classification of Motor Carriers The issuance of certificates or permits to for-hire and private carriers will be classified as follows: (1)(a) 1A Intrastate Carrier — Property, except Household Goods; (b) 1G Intrastate For-Hire Carrier — Other than Local Cartage Hou…